Felipe Castanhari He was sentenced for the second time in court to pay compensation to Marcius Melhem Cursing the comedian online. The São Paulo Court of Justice upheld the decision in favor of the comedian in a moral compensation lawsuit against a YouTuber, but accepted an appeal to reduce the amount owed from R$100,000 to R$25,000.
The information was published on Thursday (16) by the columnist Rogério Gentile, at UOL. the the news He had access to last Tuesday’s (14) judgment, in which Kastanhari admits to his illegal actions and asks for compensation to be reduced.
In addition, the owner of the Nostalgia channel will have to delete the offensive posts of Melhem from his social media profiles, withdraw them publicly and will not be able to comment on the matter again with accusations. As reporter Jair de Sousa quotes an excerpt from the sentence:
Indeed, when making sharp negative judgments, and real prejudices about an incident that was and still is in the field of investigations, the defendant was not limited to publishing the truth as newspapers and magazines did. It went beyond, much further, to attributing the author’s extremely hateful behavior, with foreseeable major effects on the author’s private and professional life, causing him moral damage.
In the first case, Castanhari was forced to pay R$100,000, but he appealed and won the payment suspension, as expected in the report. Now, in the second case, the value has decreased to R$25,000.
Melhem had filed a lawsuit after YouTube, in December 2020, posted a tweet with Accusations against comedian In the case of supposed Sexual harassment against Danny Calabresa and Globo’s Humor employees. The comedian denies harassment.
At the time the scandal was published, Neve Stefan’s friend He went so far as to declare: “Don’t fall for that filthy little speech of Marcius Melhem. This man is a criminal, a bastard, a stalker who deserves imprisonment for all the suffering he has caused.”
Globo’s former lawyers, who also Lawsuits filed against Danilo Gentile and Rafinha Bastos and Marcos Veras for moral damage, alleged that Castanhari’s publication undermined the honor and image of the comedian.
The ex-Globo employee still denies the harassment accusations and has gone to court against him chestnut, arguing that he has suffered lynchings due to the digital influencer’s attacks based “exclusively on press reporting and the assumption that the alleged harassment is substantiated”.
According to the case, Judge Jair de Sousa, Rapporteur of the case at the Court of Justice, understood that Castanhari overstepped the bounds of freedom of expression, as Melhem is still under investigation for the alleged crimes.
“The issuance of strict opinions constitutes an abuse of freedom of expression because it affected the image of the public person,” the decision stated.
“Prone to fits of apathy. Problem solver. Twitter buff. Wannabe music advocate.”